Section 358.070

Title XXIII CORPORATIONS, ASSOCIATIONS AND PARTNERSHIPS

Chapter 358

Effective - 28 Aug 1949   

  358.070.  Rules for determining the existence of a partnership. — In determining whether a partnership exists, these rules shall apply:

  (1)  Except as provided by section 358.160 persons who are not partners as to each other are not partners as to third persons;

  (2)  Joint tenancy, tenancy in common, tenancy by the entireties, joint property, common property, or part ownership does not of itself establish a partnership, whether such co-owners do or do not share any profits made by the use of the property;

  (3)  The sharing of gross returns does not of itself establish a partnership, whether or not the persons sharing them have a joint or common right or interest in any property from which the returns are derived;

  (4)  The receipt by a person of a share of the profits of a business is prima facie evidence that he is a partner in the business, but no such inference shall be drawn if such profits were received in payment:

  (a)  As a debt by installments or otherwise;

  (b)  As wages of an employee or rent to a landlord;

  (c)  As an annuity to a widow or representative of a deceased partner;

  (d)  As interest on a loan, though the amount of payment vary with the profits of the business;

  (e)  As the consideration for the sale of a goodwill of a business or other property by installments or otherwise.

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(L. 1949 p. 506 § 7)

CROSS REFERENCE:

Evidence of partnership, what constitutes, 490.520